BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

C.C NO-63/2014

Present-Sri Dipak Kumar Mahapatra, President, Smt. Smita Tripathy,Member (W).

Alok Kumar Pattanayak, aged about 40 years,

S/O-Aswini Kumar Pattanayak,

R.O-Kansaripada,P.O/Dist- Sambalpur -768001.                           …..Complainant

Vrs.

Zonal Business Manager,

Aircel Business Solution,

At- 1^st Floor,Odyssey Motors Building,

P.O- Ainthapali, Dist-Sambalpur.                                                                              …O.P

Counsels:-

1. For the Complainant:-    Sri S.A.Guru, Advocate & Associates.
2. For the O.P           :-          Sri P.N.Singdeo, Advocate & Associates.

DATE OF HEARING : 08.03.2021, DATE OF ORDER : 12.04.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that the Complainant has purchased two Aircel SIMs having serial no- 7540892352 and 7540892353 for his mobile and internet services from AIRCEL service provider  having branch office at Sambalpur in Orissa  in the name and style of Aircel Business Solutions. On dtd. 27.10.2014  the cellular network of the O.P  was completely failed  for which the complainant could not able to make contact with the friends and relatives  from his house at Mohantypara.  The Complainant has made complaint with the customer care and made several requests for restoration of cellular network.  The staff of the O.P has verbally intimated the serving tower of Mohantypara was completely down due to technical problem.  Again on dtd. 30.10.2014 the complainant made contact with the Customer Care and the appellate authority of the O.P through e mail who asked for some clarification from the complainant. Till date the problem is not resolved by the O.P and the Complainant could not be able to connect to the internet and make calls for which the AIRCEL liable to be penalised and prayed for certain relief as per the petition.

            As per the O.P due some technical problem in the Telcom Tower as situated in the locality of the Complainant. There was an interruption in cellular mobile network service of the O.P. and after receiving a complaint the O.P took immediate steps in a war footing manner to solve the problem and the same was restored to its normal functioning. Hence the Complaint petition contains the false allegations made by the Complainant, it deserves to dismiss.

As the case is a “YEAR OLD CASE”, this Commission has rightly decided to dispose the case on merit basis.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

From the above discussion and materials available in the record it is inferred that, the Complainant is a consumer of the O.P as he has purchased two AIRCEL SIMs from the O.P on payment which is the consideration money. The Complainant has written complaint through e mail on dtd. 30.10.2014,31.10.2014,04.11.2014 and lastly a communication was made on dtd.05.11.2014 regarding the malfunction of AIRCEL network. So it is evident from the email sent by the O.P to the Complainant on 5^th of November 2014 that the O.P was engaged in solving the network problem, so it is confirmed that on dtd. 30.10.2014, the network problem was persisted. The claim of the O.P resolving the problem on the same day i.e on dtd. 30.10.2014 was false and incorrect. He we opined that the O.P has committed deficiency in service and we order as under:-

ORDER

That the Complaint petition is allowed. The O.P is directed to pay an amount of  Rs.3,000/-(Rupees Three Thousand) by way of compensation to the Complainant for causing him mental, physical and financial loss and agony and Rs. 2,000/-(Rupees Two Thousand) as litigation costs. This amount shall be paid by the OP  to the Complainant within a period of one month from the date of receipt of a certified copy of this order, failing which the OPs shall pay interest @ 5% per annum on this amount from the date of filing the complaint, i.e., 27.06.2016 till its realisation."

Order pronounced in the open Court today i.e, on 12^th  of April 2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,         

-Sd/-                                                                                                   -Sd/-

MEMBER(W)                                                                                                PRESIDENT  

                                                            Dictated and Corrected

                                                                             by me.      

                                                                              -Sd/-                                                    

  PRESIDENT